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LIBERTY SURPLUS INS. CORP. v. SEGAL CO.

Docket Nos. CV04-5562, CV04-6005.

420 F.3d 65 (2005)

LIBERTY SURPLUS INSURANCE CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. THE SEGAL COMPANY, Defendant-Counter-Claimant-Counter-Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2005.

Attorney(s) appearing for the Case

Jonathan Bruno, Kaufman Borgest & Ryan LLP (A. Michael Furman, on the brief; Terry D. Weissman, Christopher D. Mickus, Neal, Gerber & Eisenberg LLP, Chicago, Ill., of counsel), New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Randy Paar, Esq., Dickstein Shapiro Morin & Oshinsky, LLP (John P. Winsbro, Andrew N. Bourne, of counsel), New York, NY, for Defendant-Counter-Claimant-Counter-Defendant-Appellee-Cross-Appellant.

Before: STRAUB and SACK Circuit Judges, KRAVITZ, District Judge.

PER CURIAM.

In a summary order filed concurrently with this opinion, we affirmed the decision of the United States District Court for the Southern District of New York (Barbara S. Jones, Judge) to grant summary judgment in favor of The Segal Company ("Segal") with respect to a coverage dispute between Segal and its second-layer excess insurance provider, Liberty Surplus Insurance Corporation ("Liberty"). We assume the...

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